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Simplified Fundamentals

President of India

About

  • The President of India is the top office of the land under the constitutional framework of India.
  • The office of the President of India has been envisaged as:
    • The head of the Indian State,
    • The first citizen of India,
    • The Titular or nominal or de jure head of the Union Executive, and
    • The Commander-in-Chief of the Indian Armed Forces.
Union Executive

  • The President of India,
  • The Vice-President of India,
  • The Prime Minister of India,
  • The Council of Ministers (CoM), and
  • The Attorney General of India (AGI)

Constitutional Provisions Related to President of India

  • Articles 52-78 in Part V of the Indian Constitution deal with the Union Executive of India. They also include some key provisions related to the President of India.
  • The constitutional provisions stated under these articles address matters related to the election, qualifications, impeachment, powers & features, and different components associated with the office of the President of India.
Article Number Subject Matter
Article 52 The President of India
Article 53 Executive Power of the Union
Article 54 Election of President
Article 58 Qualifications for Election as President
Article 60 Oath or Affirmation by the President
Article 61 Procedure for impeachment of the President
Article 62 Time of holding election to fill the vacancy in the office of President
Article 65 Vice-President to act as President or to discharge his functions
Article 71 Matters relating to the election of President
Article 72 Power of the President to grant pardons etc. and to suspend, remit, or commute sentences in certain cases
Article 74 Council of Ministers to aid and advise the President
Article 85 Sessions of Parliament, Prorogation, and Dissolution
Article 111 Assent to bills passed by the Parliament
Article 112 Union Budget (Annual Financial Statement)
Article 123 Power of the President to promulgate the ordinances
Article 143 Power of the President to consult the Supreme Court

Election of President of India

    • The President of India is elected not at once by the humans of India, but by the members of an electoral college as described under.
  • Electoral College
Members who vote in the Presidential Election Members who do not vote in the Presidential Election
The elected members of each Houses of Parliament The nominated members of each Houses of Parliament
The elected members of Legislative Assemblies of States The nominated members of State Legislative Assemblies
The elected members of Legislative Assemblies of Union Territories of Delhi and Puducherry Both elected and nominated members of State Legislative Councils
The nominated members of Legislative Assemblies of Union Territories of Delhi and Puducherry
  • When an Assembly is dissolved, members stop to be certified to vote in the Presidential election, even supposing fresh elections to the dissolved assembly are not held before the Presidential election.
  • To maintain uniformity in the scale of representation of various states in addition to parity among States as an entire and the Center, the number of votes each member of the Electoral College is entitled to cast is decided in the following way:
  • Value of Vote of a Member of Legislative Assembly (MLA) = Total population of State/Total wide variety of elected members in State Legislative Assembly) x 1/1000
  • Value of Vote of a Member of Parliament (MP) = Total values of votes of all MLAs of all States/Total variety of elected MPs
    • In order to win the election, a presidential candidate must steady a fixed quota of votes as described as follows:
  • Electoral Quota = [(Total number of valid votes polled/2)+1]
  • The Presidential election is held in accordance with the System of Proportional Representation by the single transferable vote.
  • The voting is done by secret poll.

Provisions Related to Disputes Regarding Election of President

  • All doubts and disputes in connection with the election of the President are inquired into and decided by the Supreme Court whose choice is final.
  • The election of a person as President cannot be challenged at the floor that the electoral college was incomplete i.e. existence of any vacancy among the members of the electoral college.
  • If the election of a person because the President is said void by the Supreme Court, acts carried out through him before the date of such assertion aren’t invalidated and hold to remain in force.

Qualifications of President of India

  • A person to be eligible for election as the President of India must own the following qualifications.
    • He/she has to be a citizen of India.
    • He/she should have been 35 years of age.
    • He/she should be qualified for election as a member of the Lok Sabha.
    • He/she must not hold any office of earnings underneath the Union government, any State authorities, any neighborhood authority, or another public authority.

*A sitting President or Vice-President, Governor, and Minister of Union/State isn’t deemed to maintain any office of profit.

  • Further, a presidential candidate has to meet the subsequent conditions for his/her election because the President of India:
    • His/her nomination for election to the office of President must be subscribed by as a minimum 50 electors as proposers and 50 electors as seconders.
    • He/she has to make a security deposit of ₹ 15,000 in the Reserve Bank of India.

*The security deposit so made is prone to be forfeited in case the candidate fails to steady 1/6th of the votes polled.

Oaths and Affirmations by President of India

  • The oath of office of the President is administered by the Chief Justice of India, and in his/her absence, the senior-most judge of the Supreme Court.
  • In his/her oath, the President swears:
    • To faithfully execute the office,
    • To hold, protect, and defend the Constitution and the law,
    • To devote himself to the service and well-being of the people of India.

Conditions of the President’s Office

  • The conditions of the office of the President of India as laid down by the Constitution are as follows:
    • He/she must not be a member of either House of Parliament or the House of State Legislature.
    • If any such person is elected as President, he’s deemed to have vacated his seat in that residence at the date on which he/she enters upon his/her office as President.
    • He/she must not hold some other office of profit.

Entitlement of President of India

  • While serving in the office, the President of India is entitled to:
    • Use the reputable residence of the President of India, the Rashtrapati Bhavan, without charge of any rent.
    • Receive such emoluments, allowances, and privileges as may be determined by Parliament.
    • The emoluments and allowances of the President of India can’t be dwindled all through his/her term of office.
    • The Current Salary of the President of India is ₹ 5 lakhs per month.

Immunities available to the President of India

  • The President of India is entitled to some of privileges and immunities as defined under:
    • He/she enjoys personal immunity from prison legal responsibility for his/her authentic acts.
    • During his/her term of office, he/she is immune from any crook proceedings, even in recognition of his/her personal acts.
    • Civil lawsuits may be instituted in opposition to him/her in recognition of his/her personal acts for the duration of his/her term of office after giving two months’ notice.
    • While serving in the office, he/she can’t be arrested or imprisoned.

Term of President’s Office

  • The President holds office for a term of 5 years from the date on which he/she enters his/her office.
  • He can maintain office beyond his term of five years till his/her successor assumes charge of that office.
  • He is eligible for re-election to that office for any number of terms.

Resignation of President of India

  • The President of India can surrender by means of addressing the resignation letter to the Vice-President of India.

Impeachment of President of India

    • The President of India can be removed from office before the crowning glory of his/her term by a well-described system, known as the Impeachment Process.
    • The procedure of impeachment of the President of India is a quasi-judicial method in the Parliament.
  • Grounds for Impeachment of President of India
      • The only ground for the impeachment of the President is – ‘Violation of the Constitution’. However, it’s far to be stated that the phrase ‘Violation of the Constitution’ has no longer been described in the Constitution.
  • Process of Impeachment of President of India
    • The chronological order of the system of impeachment of the President of India may be visible as follows:
      • The impeachment charges can be initiated by either House of the Parliament, i.e. Lok Sabha or Rajya Sabha.
      • These charges should be signed by 1/4th members of the House that frames the charges and a 14-days’ notice should be given to the President of India.
    • After the impeachment resolution is passed by a majority of 2/3rd of the total membership of that House, it is sent to the other House, which should investigate the charges.
      • The President has the right to appear and to be represented in such an investigation.
    • If the opposite House also sustains the charges and passes the impeachment decision by a majority of 2/3rd of the total membership of that House, then the President stands impeached/eliminated from his office from the date on which the decision is so passed.
  • The following points need to be noted concerning the impeachment system of the President:
    • The nominated members of either House of Parliament can participate in impeachment, although they do not take part in his election.
  • The elected members of Legislative Assemblies of States and Union Territories of Delhi and Puducherry do not participate in impeachment, even though they participate in his election.

Vacancy in President’s Office

  • A vacancy in the President’s Office can occur in the following methods:
    • On the expiry of his/her tenure of 5 years
    • On his/her removal by the impeachment method
    • By his/her resignation
    • By his/her death
    • Otherwise, i.e. When he/she will become disqualified to keep office or while his/her election is declared void.
  • When a vacancy is as a result of the expiration of the term of the sitting President, an election to fill such vacancy must be held before the expiration of the term, i.e. 5 years.
  • In case of any delay in accomplishing the due election, the outgoing President maintains to hold office beyond his term of five years, until his successor assumes office.
    • This is provided by the Constitution to prevent an interregnum.
  • In this example, the Vice-President does not get the possibility to behave or discharge the functions of the President.
  • When a vacancy is caused by resignation, removal, death of the President, or in any other case, the Vice-President acts because the President until a new President is elected.
    • An election to fill this type of vacancy should be held in 6 months.
  • The newly elected President stays in office for a complete term of 5 years from the date he/she assumes rate.
  • When the sitting President is unable to discharge his/her features due to absence, infection, and so forth, the Vice-President discharges his features till the President resumes his/her office.

 1.In all of the above cases, in case the office of Vice-President is vacant, the Chief Justice of India (CJI) would fulfil the responsibilities of the President, or if the office of the CJI is likewise vacant, then the senior-maximum choose of the Supreme Court to be had acts as the President of India.

  1. When any individual, i.E. The Vice President, the Chief Justice of India, or the senior maximum choose of a Supreme Court is performing because the President, he/she enjoys all the powers and immunities of a President and is entitled to such emoluments, allowances, and privileges as determined by the Parliament of India.

Functions and Powers of President of India

    • The powers and capabilities of the President of India may be studied under the following heads:
      • Functions and Powers of President of India
      • Executive Powers of President of India
      • Legislative Powers of President of India
      • Financial Powers of President of India
      • Judicial Powers of President of India
      • Diplomatic Powers of President of India
      • Military Powers of President of India
      • Emergency Powers of President of India
      • Veto Power of President of India
      • Ordinance Making Power of President of India
      • Pardoning Power of President of India
  • Constitutional Position of the President
      • The Constitution of India provides for a Parliamentary shape of presidency. Consequently, the President has been made handiest a nominal Executive, with the real Executive being the Union Council of Ministers (CoM).
      • Accordingly, Article seventy four presents that there will be a CoM to aid and recommend the President who shall, in the exercise of his functions, act in accordance with such recommendation. Thus, a major part of the powers of the President is only nominal.
      • However, the President also possesses a few situational discretion (as discussed in the phase underneath) which makes him important in Indian polity.
  • Discretionary Powers of President of India
    • Though the President of India has not been supplied with constitutional discretions, he/she has some situational discretion in the following occasions:
      • Appointment of the Prime Minister of India whilst no celebration has a clean majority in the Lok Sabha or when the Prime Minister in office dies unexpectedly and there may be no obvious successor.
      • Dismissal of the Union Council of Ministers (CoM) whilst it fails to show a majority in the Lok Sabha.
      • Dissolution of the Lok Sabha while the Council of Ministers (CoM) has misplaced its majority in the Lok Sabha.
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